By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) Introduction This year's changes in the Rules of Bankruptcy Procedure are summarized below. They will be followed, in Part 2, by a digest of selected judicial decisions in the past year of interest for their procedural implications. December 1, 2021, Amendments to Bankruptcy Rules 2005, 3007, 7007.1 and 9036 On...
CRITICAL CASE COMMENT: In re Sykes
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In re Sykes, 2011 WL 1330797 (Bankr. S.D. Ill., April 6, 2011) (Grandy)
Nothing authorizes a bankruptcy court to extend a bar date for the filing of a proof of claim by a creditor even when that creditor has failed to receive notice of the bankruptcy filing.
Case Summary
The Court considered several different cases with the same fact pattern. In each case, the debtors filed a Chapter 13 petition and did not list all of their creditors. After the bar date had passed, these unlisted creditors filed proofs of claim and the . . .
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